and Congressional elections, is free from doubt, because very
able men have expressed contrary opinions on that question, and,
so far as I am informed, there has been no authoritative
adjudication upon it; or, at all events, none upon which the
public mind has been content to rest as conclusive. I proceed,
therefore, to offer such suggestions as occur to me, and to refer
to such authorities bearing upon the question, as have fallen
under my observation, hoping to satisfy your honor, not only that
my client has committed no criminal offense, but that she has
done nothing which she had not a legal and Constitutional right
to do. It is not claimed that, under our State Constitution and
the laws made in pursuance of it, women are authorized to vote at
elections, other than those of private corporations, and
consequently the right of Miss Anthony to vote at the election in
question, can only be established by reference to an authority
superior to and sufficient to overcome the provisions of our
State Constitution. Such authority can only be found, and I claim
that it is found in the Constitution of the United States. For
convenience I beg leave to bring together the various provisions
of that Constitution which bear more or less directly upon the
question:
ARTICLE I, Section 2. The House of Representatives shall be
composed of members chosen every second year, by the people
of the several States; and the electors in each State shall
have the qualifications for electors of the most numerous
branch of the State Legislature.
ARTICLE I, Section 3. The Senate of the United States shall
be composed of two senators from each State, chosen by the
Legislature thereof for six years; and each senator shall
have one vote.
ARTICLE II, Section 1. Each State shall appoint in such
manner as the Legislature thereof may direct, a number of
electors equal to the whole number of senators and
representatives to which the State may be entitled in the
Congress.
ARTICLE IV, Section 2. The citizens of each State shall be
entitled to all the privileges and immunities of citizens in
the several States.
ARTICLE IV, Section 4. The United States shall guarantee
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